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executor

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angiesw

Guest
My father died at the age of 78 on 12/17/00, left no will or executor and there are three daughters. He was always a resident of New York. Two months prior to his death he stayed with my sister who lives in New jersey and died in a New Jersey hospital. Now on the death certificate it states he was a resident of New Jersey. My sister (the one he was staying with in N.J.) is uncooperative and shares no information. All bank books and important papers she has taken. Now she wants to become executor of his estate. When me and my other sister refuse to go along with this what will happen to what's left of the estate. Thank you for any help you may give me.
 


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advisor10

Guest
(01-26-2001)

As far as being listed incorrectly as a resident of New Jersey, that might just be an unintentional error on her part, but if you feel that it needs to be corrected then you need to write a letter to the New Jersey Vital Statistics Office that handles the death certificates to mention how it can be corrected.

The only thing is that the city where the person dies is the area that takes jurisdiction in probate law, so NEW JERSEY probate law will apply, NOT New York, even though I guess he lived there for most of his life as a resident.

Since there is no will, she can not be called an "executor", but rather the preferred term is "personal representative or administrator" of the estate. She has to file an application with the Probate Court at the county courthouse in New Jersey (that is closest to whatever city he died in) to get that position, but there will be a hearing in the probate court to review her petition. If you object to her having that position, then you need to write a letter to that Probate Court asking to be notified whenever she files the papers for that estate.

Anyhow, there is no guarantee that she will be approved to be administrator, since the estate is considered "intestate" (without a will) and will be divided up according to predetermined New Jersey state law. If possible, you need to consult with a New Jersey attorney in the city where your father died, but only if you think you can afford the fee.

With the attorney's help, you may be able to figure out a strategy that would prevent her from getting everything and that the assets might be distributed more evenly in your favor, depending on what the law is in New Jersey.

Also, you didn't mention where you live, but if you have a chance to visit a local library, you should try to look at the New Jersey state law probate code to see what it says about intestate estates.

SINCERELY,

[email protected]
 
A

angiesw

Guest
Thank you for your advice. I did as you suggested and sent a letter to (New Jersey state Department of Health and Senior Services in trenton New Jersey)explaining the errors on the death certificate #1 that he was a resident of New Jersey #2 that he was laid out in a funeral home in new Jersey both incorrect.

I also sent a letter to the Office of the surrogate union county court house in elizabeth New Jersey. requesting that I be notified if and when my sister files to become administrator of his estate. And I noted my objection to her being put in that position, and would prefer the court appoint an administrator.

THANKS Again!!
 

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